Revolutionary War Pension and Bounty Land Warrant Application File R. 3424, Pearley Fairbank, Mass.

SERVICE
NUMBER
mass
Fairbank, Pearley Dabitha
R. 3424
CONTENTS

FAIRBANK, PEARLE (MASS.) R-3424
Signed & Sealed and June 22 d 1833.
Ja s Elliot, Prob. Reg. Marlboro' District, State of Vermont.
and the foregoing is a true and correct copy of the original

No. 70. Wardour County. Vermont. Peachy Fairbank. Dec 5 for Russia. 30 July 1832.
8484.
in the hands of Mr. [?]

STATE OF VERMONT.
County of Windham ss
Probate District of Marloud. At a probate Court held...
On this 30th day of July A.D. 1832—Personally appeared...
Before the said Probate Court, within and for said District now sitting...
He the said Peabody Fairbank declares and says that about the last day of...
3 4 1 3 6 21 1/2
he hereby relinquishes every claim whatever to a pension or annuity except the present, and declares...
1. Was born in the town of Haddiston in the County of Middlesex and...
2. There is a record in the Town Clerk's Office in said town of Haddiston...
and for said District being a Court of Record, so declared...
Register...
all Miller Esquire Judge of said Court...
Peabody Fairbank a resident of Waitsfield being first duly sworn according to law, doth, on his oath, make the following declaration, in order to...
res that his name is not on the pension roll of the agency of any State.
2 State of Massachusetts in 1761 - 22. of Augst.
from which he took a copy 14 years ago which copy he now has -

 2. There is a record in the town clerk's office in said town of Wardsborough from which he took a copy 14 years ago which copy he now has —  3. He lived in Holliston when called into service — and there lived — in 1784 till he moved into the town of Wardsborough where he now lives —  4. He has heretofore stated in his declaration —  5. In the last six months service certificates Col. Miller — to  to erton and Bailey — also Col. Spratt, Crane & others  6. Received no written discharge except at the expiration of the last six months — concerning which he has stated —  7. He names Asa Wheelock Esquire and Edward Walker Esquire his townsmen and very respectable citizens — 
Sworn to and subscribed the day and year aforesaid.
Marshall Miller Judge of Probate
We Asa Wheelock Esq.  gentleman , residing in the town of Wardsborough in said District hereby certify, that we are well acquainted with Asa Wheelock Esq. who has subscribed and sworn to the above declaration that we believe him to be seventy years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn, and subscribed, the day and year aforesaid. Asa Wheelock Edward Walker
Marshall Miller Judge of Probate
And the said Court do hereby declare their opinion, after the investigation of the matter, and a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them, that Asa Wheelock resident in the said town of Wardsborough and that Edward Walker , is a credible person, and that their statement is entitled to credit.
after putting the interrogatories prescribed by the War Department, that the above named applicant was a Asa Wheelock who has signed the preceding certificate, is a Edward Walker who has also signed the same, is a resident in the town of Wardsborough
James Lillie, Register the District of Marlborough Court in the matter of the application of Pearley Fairbank In testimony whereof, I have hereunto set my hand and seal of office, this 30th
of the Probate Court, within and for aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said for a pension.
day of July A. D. 1832. James Lillie, Prob. Register

N o 18475 Vermont
Pearley Fairbank
of Windham Co. in the State of Vermont who was a Private in the company commanded by Captain Brooks of the Regt. commanded by Col. Bullard in the Mass. Militia time for 21 months & 12 days
Inscribed on the Roll of Vermont at the rate of 70 Dollars 36 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 5. day of Sept. 1833 and sent to J. Elliot New Haven Vt.
Arrears to the 4th of March Sept. 1833 175.98 Pemi-ant. allowance ending 4 March 1834 35.88 $ 211.08
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Book E. Vol. 3
Clerk, Page 64

N o 8484 Pearly Fairbank
Admir
21 mos & 12 ds
J Elliott
Crew Fan

BRIEF in the case of  Pearley Fairbank  of Windham Co. in the State of Vermont  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Probate Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1776 Nov. 30 " 3 2 Private Gen. Capt. Brooks, attached to reg't Mass. Mil.   1777 May " 4 " " Sergeant Brooks, Col. Bullard.   1778 Spring " 5 " " Capt. Holmes, no reg't   1778 Oct. " 5 242 " Perry, Col. Hawes   1779 " " " 30 " Lieut. Singer   1880 May or June " 6 " " " Murray, Lt. Col. Bedlam  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Holliston, Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Documentary, Living & traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? Certificate of Magistracy wanting, & papers improperly attached 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. Brown
Examining Clerk.

Scarley Fairbank Was Born at Weston August 22 nd 1761 Tabitha Fairbank Was Born at Holliston Decem r 15 th 1763 Married Oct 4. 1781
Sally Allen Was Born Feb 13 th 1782 Henry Fairbank Was Born May 13 1789 Scarley Fairbank Junr Was Born August 25 th 1781 Leland Fairbank Was Born Nov 2. 0 1793 John A. Fairbank Was Born Nov 29 1799
John A. Fairbank Junr Was Born Feb 4 th 1822 Mary Fairbank Was Born Sept 5 1824 Caroline H. Fairbank Was Born Dec 27 th 1826
Mary Fairbank Died Feb 4 1828
John A. Fairbank Died March 18 th 1820

Before CHRIST cir. 397.
16 ¶ Then they that feared the LORD spake often one to another; and the LORD hearkened and heard it: and a book of remembrance was written before him for them that feared the LORD, and that thought upon his name.
Or, special treasure.
17 And they shall be mine, saith the LORD of hosts, in that day when I make up my jewels; and I will spare them, as a man spareth his own son that serveth him.
18 Then shall ye return, and discern between the righteous and the wicked; between him that serveth God and him that serveth him not.
C H A P. IV.
1 God's judgment on the wicked, 2 and his blessing on the good. 4 He exhorteth to the study of the law, 5 and telleth of Elijah's coming and office.
For, behold, the day cometh that shall burn as an oven; and all the proud, yea, and all that do wickedly, shall be stubble: and the day that cometh
shall burn them up, saith the LORD of hosts, that it shall leave them neither root nor branch.
Before CHRIST cir. 397.
2 ¶ But unto you that fear my name shall the Sun of righteousness arise with healing in his wings; and ye shall go forth, and grow up as calves of the stall.
a Luke 1. 78.
3 And ye shall tread down the wicked; for they shall be ashes under the soles of your feet in the day that I shall do this, saith the LORD of hosts.
4 ¶ Remember ye the law of Moses my servant, which I commanded unto him in Horeb for all Israel, with the statutes and judgments.
b Exodus 20. 3.
5 ¶ Behold, I will send you Elijah the prophet before the coming of the great and dreadful day of the LORD.
c Matth. 11. 14. Mark 9. 11. Luke 1. 17.
6 And he shall turn the heart of the fathers to the children, and the heart of the children to their fathers, lest I come and smite the earth with a curse.
The End of the OLD TESTAMENT.

10384 Tahatha Fairbanks
Declaration name of Pearl Fairbanks H
3424

Declaration
In order to obtain the benefit of the act of Congress of July 7 th 1838 entitled "An act granting half pay and pensions to certain widows" —
State of Vermont } Probate District ofc Hardwick ss. Windham County ss. } In Probate Court, 1843 — On this 29 th day of August A. 1843,
Personally appeared Tabathy Fairbank, in Probate Court, at Wardsboro', in said District, a resident of said Wardsboro', aged seventy nine years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the provision made by an Act of Congress, passed July 7 th 1838, entitled "an act granting half pay and pensions to certain widows" —
That she is the widow of Pearley Fairbank late of said Wardsboro', deceased, who was a private in the Army of the Revolution, and a pensioner of the United States at the time of his decease, — She believes the evidence of his services is in the War Department of the United States
She further declares that she was married to the said Pearley Fairbank, on the 4 th day of October 1781 at Boston in the county of Suffolk and State of Massachusetts by the Rev. Mr. Parker
That her husband, the aforesaid Pearley Fairbank, died at said Wardsboro' on the 11 th day of August 1842 that she was not married to him prior to his leaving the service, but the marriage took place previous to the first day of January seventeen hundred and ninety four viz; at the time above stated, and that she is now the widow of her Pearley Fairbank
Witness Orury Fairbank Tabathy mark Fairbank
Sworn to and subscribed the day and year above written Before me Marshall Miller, Judge of Probate

State of Vermont - } Windham County ss. }
Probate District of Marlboro' Brattleboro' August 29 th 1843.
I Lemuel Whitney Register of Probate within and for the District aforesaid, do hereby certify, that Marshall Miller Esq. who made the within Certificate, is now the Judge of the Court of Probate, (being a Court of Record) for the District of Marlboro' in the County and State aforesaid. And that full faith and credence is, and ought to be given to all his official acts, attestations and doings as such. - And that the within signature is in the proper hand writing of the said Marshall Miller Esq.
In testimony whereof, I hereunto affix the Seal of said Probate Court and subscribe my name, the day and Year above written.
Lemuel Whitney. Register.

Parley Fairbank
Oct 1888. - H
A. H. Harkness

State of Vermont County of Windham
Be it Known, that on this 7 th day of December A. D. 185 2 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Drury Fairbank his son  Pearley Fairbank , resident of West Windsor in said County, and made oath according to law that he is the legal heir of him who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 1842 . That he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint C. W. BENNETT , of Washington City, my true and lawful Attorney to prosecute the claim of Pearley Fairbank for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Drury Fairbank
Sworn to, Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Drury Fairbank to be directly interested in said claim as set forth, and to be the identical party therein alleged.
Joseph Hall Justice of the Peace
State of Vermont County of Windham
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Windham County that Drury Fairbank the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is the son of the reputed soldier aforesaid. I further certify, that Joseph Hall Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this fifteenth day of December 185 2 Myron T. Clark Clerk

June 9, 1936
Pearley Fairbank-R.3424 BA-J/AWF em
Mr. M. H. Oakes 221- 15th Street Denver, Colorado
Dear Sir:
Reference is made to your letter in which you request information in regard to Peabody Fairbanks, born August 22, 1761, served with Massachusetts militia, a pensioner, and died August 11, 1842 in Vermont.
The data furnished herein were obtained from papers on file in pension claim, R. 3424, based upon the service of Pearley Fairbank (as his signature is found in the claim) during the War of the Revolution.
Pearley Fairbank was born August 22, 1761 in Holliston, Middlesex County, Massachusetts. The names of his parents were not stated.
While residing in said Holliston, he enlisted sometime in November, 1776 and served three months as private in Captain Brooks' company, stationed at Boston. He enlisted sometime in May, 1777, served as substitute for his brother, John, four months under Sergeant Brooks, Colonel Bullard's Massachusetts regiment and was stationed at Sherburne to guard continental stores. He served in the spring of 1778, three months in Captain John Holmes' company, stationed at Cambridge to guard prisoners taken when Burgoyne surrendered. He served in the summer of 1778, six weeks in Captain Amos Perry's company, Colonel Haws' Massachusetts regiment, was in the battle of Rhode Island. He enlisted sometime in October, 1779 and served thirty days under Lieutenant John Singer (?) He enlisted sometime in May or June, 1780

and served under Lieutenant Robert Muzzey in Lieutenant Colonel Ezra Badlam's 2nd Massachusetts regiment, from which he was discharged, December 12, 1780.
The soldier, Pearley Fairbank, moved from Holliston, Massachusetts in 1784 to Wardsboro, Windham County, Vermont. He was allowed pension on his application executed July 30, 1832, then a resident of Wardsboro.
While residing in said Wardsboro he was a member of the state Legislature, and was also Magistrate. He died August 11, 1843 in Wardsboro, Vermont.
Pearley Fairbank married, October 4, 1781 in Boston, Massachusetts, Tabitha, who was born December 15, 1763 in Holliston, Massachusetts; the names of her parents were not stated.
The following data are found in the claim-
Sally Allen born February 13, 1782 Drury Fairbank " May 1, 178- (blurred) Pearley Fairbank, Jr. " August 25, 1784 Leland Fairbank " November 20, 1793 John A. Fairbank " November 29, 1799 John A. Fairbank, Jr. " February 4, 1822 Mary Fairbank " September 5, 1824 Caroline L. Fairbank " December 27, 1826 Mary Fairbank died February 4, 1828 John A. Fairbank " March 18, 1828
One Drury Fairbank was living in 1843 in Wardsboro, Vermont and gave his age fifty-four years.
It is stated that the soldier, Pearley Fairbank and his wife, Tabitha, had five children, the only name designated being, Drury Fairbank, who in 1853 was living in West Wardsboro, Vermont. It is not shown that this Drury Fairbank was the same as the Drury Fairbank, who gave his age in 1843 as fifty-four years, or was the same as the one given in the list above.
Very truly yours
A. D. HILLER
Executive Assistant to the Administrator

Wath en Chamberlain's Affidavit in favor of David Fairbank Esq--
David Fairbank Esq Evidence of service —

North Chamberlain Affidavit in favor of David Fairbank Esq--
Charles Fairbank Esq Evidence of error —

The affidavit of Nathaniel Chamberlain aged 71 years of Wardsboro' in the County of Windham and State of Vermont, was testified and says - That he was acquainted with Parley Fairbank Esq. as a soldier in the Revolutionary War, and served with him at Boston - in the company of Capt. Brooks at Boston for the term of three months - commenced in the month of November 1776 and closed said service the last of February or first of March 1777 and afterwards in the spring of 1778 was with the said Fairbank in Capt. John Holmes Company and served with him three months at Cambridge and vicinity - spending in all six months which time and the said Fairbank served together - in the war of the Revolution -
Nathaniel Chamberlain
State of Vermont } Windham County ss } July 30 th 1832 Subscribed and sworn to
Before Phineas White Justice of the Peace -
I do hereby certify that the above named Nathaniel Chamberlain is a man of undoubted truth & veracity & whose testimony full faith and credence ought to be given -
Phineas White Justice of the Peace -
The affidavit of Rev. James Tufts of Wardsboro' in the County of Windham and State of Vermont aged sixty seven years and of Doctor Paul Wheeler of the same Wardsboro' aged sixty one years - Who testify and say that for more than thirty years now last past, they have been well acquainted with Parley Fairbank Esq. of said Wardsboro' as a respectable citizen, for truth and veracity - And that during said time , he has been much employed in town and other public business - has represented the town in the State Legislature - and has been an efficient Magistrate in and for said County for more than twenty years now last past, and is still in Commission - And they the further say that they would judge Fairbank to be seventy years of age - And that they are fully persuaded that said Fairbank was a soldier in the war of the Revolution -
James Tufts Paul Wheeler
State of Vermont } Windham County ss } July 30 th 1832 Subscribed & sworn to
Before Phineas White Justice of the Peace
I do hereby certify that the Rev. Mr. Tufts and Doct. Wheeler are highly distinguished in their respective professions - much respected by their fellow citizens & men of undoubted truth and veracity -
Phineas White Justice of the Peace

The affidavit of Gen. Abner Perry of Dover in the County of Windham and State of Vermont - who testifies and says that he was well acquainted with Peabody Fairbank Esq. of Mendham as a revolutionary soldier - in the summer of 1778 - and was with the said Fairbank in the same platoon in the Battle on Rhode Island, between the American Army under Gen. Sullivan and the Enemy - and that he then understood that the said Fairbank served at that time six weeks - And he further says that he was with the said Fairbank in time of the Revolution and in those days was knowing to said Fairbank being reputed to have been a leader of the Revolution at several periods of service - - - - - And he further says that he is now seventy seven years of age -
Abner Perry
State of Vermont } July 31 st 1832 Subscribed & sworn to Windham County } Phineas White Justice of Peace
I do hereby certify that Gen. Perry above named is a man of undoubted truth & veracity - - - - - Phineas White Jo. P.
I do hereby certify that Peabody Fairbank Esq. of Mendham in the County of Windham and State of Vermont some years ago delivered to me an ancient Paper, purporting to be an original discharge, received by him, at the close of six months service in the 2 d . Mass. Regt. and discharge was dated Dec. 1780, according to my best recollection - which was forwarded with his Declaration & papers to the Pension Office when he applied for a Pension agreeable to the provision of the act of Congress passed March 18 th 1818 - which if returned is now mislaid or lost so that I have not been able to find it -
July 30 th 1832 -
Phineas White

State of Vermont.
Windham County Court Clerk's Office, New Haven, June 22 d 1833.
I certify that Phineas White, Esquire, is one of the Justices of the Peace within and for the County of Windham afore- said, and that the within are his signatures. Witness my hand and the Seal of said Court.
James Elliot, Clerk.

Found three days earlier
Baton Glint 189
1890
FAIRBANK, PEARLEY (mass) R-3424

(This) certifies Parley Fairbank that a six months man discharged 2 d M t Regiment has been fired with provisions including the 13 th instant West Point Dec r 12. 1880 Henry Nelson 2 d M t
G. A. Backham Lt. Col. Commandant.

REJECTED
BH 24
P. O. _____
Tabitha Fairbanks
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

10384
Tabilka Fairbanks Vt.
Let to Marshall Miller aug 31/44
at 7 July 1838

I Inry Fairbank of Wardsboro' in the County of Windham and State of Vermont aged fifty four years testify & say that I was well acquainted with Pearley Fairbank late of said Wardsboro', deceased, that said Pearley died at said Wardsboro' on the 11 th day of August - 1842 that he was a pensioner of the United States at the time of his decease, That I am well acquainted with Tekeathy Fairbank widow, of said deceased, I have been acquainted with the said Tekeathy & her said husband now deceased more than forty years last past - I have known an ancient family Bible of said deceased, for a great number years, & that I have frequently seen and read a record of the births of said Pearley & his now wid- ow the said Tekeathy & of their marriage & the births of their children five in number That they have lived together as husband & wife ever since I have known them until his decease as aforesaid - That the said Bible is now before me & that I cut from the leaf on which said Records were made & which appear to have been a long time made in the hand counting of said deceased, that part of the record on which is the date of the time of their said marriage & which is herewith attached
Wardsboro' August

Sworn to & subscribed this 29 th day of August 1843
Before me Eustis Ramsdell Justice of the Peace
I certify & declare that the above subscribing disseminant the said Orewy Fairbank is a credible witness
Attest Eustis Ramsdell Justice of the Peace
I certify that the word 'Bible' was interlined & the character '8' erased before signing Attest Eustis Ramsdell Justice of the Peace
State of Vermont
Windham County Court Clerk's Office New Fane August 29 th A.D. 1843 N. Henshaw Miller, Clerk of said Court. Certify, that Eustis Ramsdell is a Justice of the Peace within said County duly commissioned & qualified, & that his signature hereunto written are genuine. — A testimony whereof I have unto set my hand & affix the seal of said Court the day & year above written — Attest — N. Henshaw Miller, Clerk

I John C. Randall of Wardsboro in the County of Windham & State of Vermont, aged thirty five years testify & say that I have lived in said Wardsboro for thirty five years last past, that I have known Parley Fairbanks late a pensioner of the United States for twenty years previous to his decease; that he died at said Wardsboro' on the 11 th day of August 1842 that I am well acquainted with his widow Tabathy Fairbanks, that she has not intermarried since the decease of her said husband, that she now resides in said Wardsboro
Subscribed & sworn to at S d Wardsboro' on this 29 th day of August 1843 John C. Randall Before me Eustus Randall Justice of the Peace
I further certify that the above subscribing deponent John C. Randall is a credible witness Attest Eustus Randall Justice of the Peace

10384 Janry 12 1838
Myrtle Ave Day 8
M. J. T. ...
7 July 1838
Face
J. L. Edwards, Esq. Commissioner of Pensions Washington City -

10384 Jan'y 12
My gratitude & etc Aug 8
Jan
Mr.
J. T. Burroughs
7 July 1838
J. L. Edmonds, Esq. Commissioner of Pensions Washington City—

State of Vermont Windham County,
Newpane Jan'y 11 1844
Dear Sir—
The enclosed Declaration & evidence of Liberty Fairbanks, was by me mislaid, & forgotten, untill recently enquired of to know whether I had heard any thing from your department respecting them. I now forward them & wish your atten- tion to them as soon as convenient— you will please direct any communication in relation to this application to me
Respectfully Your Obt. Servt.
Marshall Miller
J. G. Edwards, Esq.

Prussian Office
August 31. 1844
Sir,
The papers in the Case of Tabitha Fairbank, under the act of 7 July 1838 have been examined and filed.
At the time Priscilla Fairbank's Claim was allowed it was not known that the records of Massachusetts contained evidence of all the service of that State in the Revolutionary War. All claimants are bound by the rules to produce the best attainable proof of the service of Priscilla Fairbank, must, therefore, be verified by the Certificate of the Secretary of State of Massachusetts. Her in his declaration says he served 3 months in 1776 under Captain Brooks, 4 months in 1777 under Sergeant Brooks Col Bullard, 3 months in Spring 1778 under Captain Holmes, 42 days in Oct. 1778 under Captain Perry Col Daws, 30 days in 1779 under Lieutenant Singer, and 6 mo in 1780 under Lieutenant Murray, St Col. Brolam.
The Department must be satisfied that the Church Register or City Records of Boston afford no evidence of the marriage in this case before

proof of a lower grade can be received. The paper pur- -porting to be a family register, furnished with her other papers, does not bear the appearance of sufficient antiquity to make it available evidence of a marriage said to have taken place in 1781.
This claim is barred by the act of 30 April last which provides that "no pension shall here- -after be granted a widow for the same time her hus- -band received one." The husband of Mrs. Fairbanks received a pension to the day of his death, which took place on the 11 th August 1842.
Marshall Miller Esq., Newfane, Vermont.

No 8484
Pearly Fairbank Windham co. Vermont
i
James Elliott, Ag.

WAR DEPARTMENT,
Pension Office,
18 June 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B., who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are simply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the terms, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

THE LANDON ABSTRACT COMPANY
DENVER, ARAPAHOE AND ADAMS
ABSTRACTS
XXXXXXXXXXXX 221 - 15th St.
DENVER, COLORADO
M. H. OAKES SECRETARY-MANAGER
May 26th, 1936
Pension Bureau Washington, D. C.
Gentlemen:-
Perley Fairbanks , born August 22nd, 1761, died August 11th, 1842, was placed on the pension roll March 4th, 1831, I understand. Served with Massachusetts Militia. He was buried at Wardsboro, Vermont.
Can you give me some official record of this.
Very truly yours,
M. H. Oakes
M. H. Oakes 221 - 15th Street Denver, Colorado
MHO/IHB